GNSO Public Council Meeting Part I | Minutes | ICANN51

15 October 2014

Minutes of the GNSO Council Public Meeting 15 October 2014 at 20:00 UTC. 13:00 PDT

The meeting started at 20:10 UTC:
http://tinyurl.com/k4e8m2k

List of attendees: NCA – Non Voting – Jennifer Wolfe
Contracted Parties House
Registrar Stakeholder Group: James Bladel, Volker Greimann, Yoav Keren
gTLD Registries Stakeholder Group: Jonathan Robinson, Ching Chiao, Bret Fausett (Bret Fausett arrived late)
Nominating Committee Appointee (NCA): Thomas Rickert
Non-Contracted Parties House
Commercial Stakeholder Group (CSG): Tony Holmes, Osvaldo Novoa, Gabriella Szlak, John Berard, Brian Winterfeldt, Petter Rindforth
Non Commercial Stakeholder Group (NCSG): Klaus Stoll, David Cake, Avri Doria, Maria Farrell, Magaly Pazello, Amr Elsadr remote participation – proxy to David Cake in case of connectivity issues
Nominating Committee Appointee (NCA): Daniel Reed- absent, proxy to Thomas Rickert

GNSO Council Liaisons/Observers:
Alan Greenberg – ALAC Liaison
Patrick Myles – ccNSO Observer – absent apologies
Mason Cole – GNSO Liaison to GAC

ICANN Staff
David Olive – VP Policy Development
Marika Konings – Senior Policy Director
Rob Hoggarth – Senior Policy Director
Mary Wong – Senior Policy Director
Steve Chan – Senior Policy Manager
Lars Hoffmann – Policy Analyst
Glen de Saint Géry – GNSO Secretariat
Josh Baulch– Manager, Meetings Technical Services
Julie Hedlund – Director SSAC Support/Policy Director absent apologies

MP3 Recording
Adobe Chat Transcript
Transcript

http://la51.icann.org/en/schedule/wed-gnso-council

Item 1: Administrative matters

Roll Call

Statement of interest updates:
Gabriela Szlak noted an update in her statement of interest

Review/amend agenda
Additions under Item 11: Any Other Business

Avri Doria Cross – Community Working Group on Human Rights
Alan Greenberg – Thanks to the Council
Thomas Rickert – New GAC chair

The Minutes of the GNSO Council meeting 4 and 25 September 2014 have been posted as approved on 11 October 2014 as per the GNSO Operating Procedures.

Item 2: Opening Remarks / Review of Projects & Action List

Councillors were reminded to share both the Projects List and Action List with their members and encourage input.

Board Working Group Report on Nominating Committee (BWG-NomCom)

Tony Holmes volunteered to be the Council liaison replacing John Berard, whose term on the Council has expired, and agreed to provide input during the 'reply period' (i.e. once GNSO Constituencies and Stakeholder Groups have individually had the opportunity to provide input) of the public comments on the report of the ICANN Board Group on the Nominating Committee.

The Project List will be improved going forward by a member of the GDD team, Caitlin Tubergen, adding status updates on the implementation of the projects.

"One pagers" on the status of GNSO work will be provided to the Council and made available online to facilitate processing the large amount of information available.

Action Item:

Staff to write a covering email to accompany these documents for distribution to the Council list:
"This is the status quo. If you've got suggestions for improvement please bring them to us."

Item 3: Consent agenda

There were no items on the consent agenda.

Item 4: MOTION – On the adoption of the IRTP Part D Final Report and Recommendations

James Bladel, seconded by Avri Doria proposed adopting the IRTP Part D Final Report and Recommendations

Whereas

On 17 January 2013, the GNSO Council launched a Policy Development Process (PDP) on IRTP Part D [http://gnso.icann.org/en/council/resolutions#201301] addressing the following six Charter questions:

Whether reporting requirements for registries and dispute providers should be developed, in order to make precedent and trend information available to the community and allow reference to past cases in dispute submissions;

Whether additional provisions should be included in the TDRP (Transfer Dispute Resolution Policy) on how to handle disputes when multiple transfers have occurred;

Whether dispute options for registrants should be developed and implemented as part of the policy (registrants currently depend on registrars to initiate a dispute on their behalf);

Whether requirements or best practices should be put into place for registrars to make information on transfer dispute resolution options available to registrant;

Whether existing penalties for policy violations are sufficient or if additional provisions/penalties for specific violations should be added into the policy;

Whether the universal adoption and implementation of EPP AuthInfo codes has eliminated the need of FOAs.

This PDP has followed the prescribed PDP steps as stated in the Bylaws, resulting in a Final Report delivered on 25 September 2014;

The IRTP Part D WG has reached full consensus on the 18 recommendations in relation to the six issues outlined above;

The GNSO Council has reviewed and discussed these recommendations.

Now therefore be it resolved,

The GNSO Council recommends to the ICANN Board of Directors the adoption of the IRTP Part D recommendations (#1 to #18) as detailed in the IRTP Part D Final Report [http://gnso.icann.org/en/issues/transfers/irtp-d-final-25sep14-en.pdf].

The GNSO Council shall convene an IRTP Part D Implementation Review Team to assist ICANN Staff in developing the implementation details for the new policy should it be approved by the ICANN Board. The Implementation Review Team will be tasked with evaluating the proposed implementation of the policy recommendations as approved by the Board and is expected to work with ICANN Staff to ensure that the resultant implementation fulfils the intentions of the approved policies. If the IRTP Part D Implementation Review Team identifies any potential modifications to the policy or new policy recommendations, the IRTP Part D Implementation Review Team shall refer these to the GNSO Council for its consideration and follow-up, as appropriate. Following adoption by the ICANN Board of the recommendations, the GNSO Secretariat is authorized to issue a call for volunteers for an IRTP Part D Implementation Review Team to the members of the IRTP Part D Working Group.

The motion passed by show of hands.
There were no votes against, and no abstentions.
Amr Elsadr via remote participation, registered a positive vote in the Adobe Connect room.
Bret Fausett was not present at the time of the vote, but Council approved that Bret could vote when he arrived at the meeting, which he did and his vote was recorded as a positive vote.

Item 5: MOTION – To adopt the Charter for a Cross Community Working Group to discuss Internet governance (CWG-IG) issues affecting ICANN and to make recommendations to the chartering organisation on these issues

Brian Winterfeldt proposed a friendly amendment to the motion before Council which was intended as a clarification of the language in the charter.

The amendment was not accepted as friendly, but after lengthy discussion in the Council and input from the floor, an acceptable version of the motion was agreed upon.

It was noted that the Tuesday informal Council meeting after the constituency and stakeholders meetings was the appropriate place to work through late amendments to motions and other last minute issues coming before Council.

Avri Doria, seconded by James Bladel and as amended by Brian Winterfeldt, IPC, proposed adopting the charter for a cross community working group to discuss Internet governance (CWG-IG) issues affecting ICANN and make recommendations to the chartering organization on these issues

Whereas,

This group was initiated in December 2013 in response to a call from ICANN CEO and has been working informally since then;
The group has developed the charter found at http://ccnso.icann.org/workinggroups/ccwg-ig-charter-20may14-en.pdf
This charter has already been approved by ALAC, ccNSO and SSAC.

Resolved:

The GNSO Council approves the Charter http://ccnso.icann.org/workinggroups/ccwg-ig-charter-20may14-en.pdf
The RrSG, the RySG, NCSG, BC, IPC, and ISPC will each identify one member to serve on the CWG-IG by 22-October-2014 taking into account the charter requirement that best efforts should be made to ensure that members:
- Have sufficient expertise to participate in the applicable subject matter;
- Commit to actively participate in the activities of the CWG-IG on an ongoing and long-term basis; and
- Where appropriate, solicit and communicate the views and concerns of individuals in the organization that appoints them.
The GNSO will collaborate with the other SOs and ACs to issue a call for observers to join the CWG-IG, each in accordance with its own rules.
As the charter calls for each of the chartering organizations to appoint a co-chair for the group, the GNSO Council appoints Rafik Dammak to serve as a member of the CWG-IG, to serve as the GNSO co-chair of the CWG-IG and to serve as GNSO Council liaison to the group.

The motion carried.

Voting results:

Bret Fausett, RySG: For the record, I was prepared to vote in favor of the original motion. I thought the change in structure was a material change, made at the last minute, so thought the appropriate response was no, given the inability to consult with the constituency.

Amr Elsadr, NCSG: I have abstained from voting because since this amendment was suggested so early before the vote I did not have the opportunity to speak to most of the membership of the NCSG either on the substantive part of the vote in terms of membership as well as the deadlines for appointing new representatives to the group which is October 22. So I will abstain rather than either yes or no.

Item 6: UPDATE – A GNSO liaison to the GAC

Mason Cole provided a brief overview of feedback derived from the ICANN meeting in Los Angeles. Much was learnt about workloads between the GNSO and the GAC. Feedback from the GAC indicated concern that the liaison role was one that did not advocate from the GAC to the Council. An issue they have faced for some time is that the GAC is on the receiving end of the community's workload, they do not generate policy, but want to contribute to policy and are overwhelmed by the amount of information. There is the need for gathering, streamlining and prioritizing information correctly within the GAC so as to obtain timely input on policymaking and then perhaps suggest to the GAC specific instructions on how to provide input to the Council. Mason has access to all GAC sessions, except those that are closed sessions.

Item 7: UPDATE – A letter to the ICANN NGPC regarding the proposed modification of GNSO consensus recommendations relating to IGO acronyms and Red Cross identifiers

Thomas Rickert reported that there are currently two lines of action underway stemming from the Council resolution on 20 November 2013 where the GNSO Council unanimously adopted all twenty-five consensus recommendations of the IGO-INGO PDP WG.

On 16 June 2014 the New gTLD Program Committee (NGPC) sent a letter to the GNSO Council requesting that the GNSO consider modifying its recommendations relating to the duration and mechanism of protection for IGO acronyms and national society names of the Red Cross. After the Chair of the NGPC briefed Council, the Council agreed to send a follow-up letter to the NGPC and a response is pending.

The IGO-INGO Access to Curative Rights Protection Mechanisms Working Group led by Petter Rindforth and Phil Corwin is work in progress.

The NGPC has passed a resolution on interim protections for the National RC Society names: https://www.icann.org/resources/board-material/resolutions-new-gtld-2014-10-12-en#2.d

Item 8: – UPDATE – Name Collision

Discussion indicated strong views being expressed that Drop-Catching, a contributory aspect to Name Collision, is in fact a separate problem which is distinct and should not be included in the subsequent policy work on Name Collision.

Action Item:

Council members are encouraged to read the Report ICANN Staff submitted and to discuss with their respective group what further action, if any, should be taken on this topic and report back accordingly at the next Council meeting.

Item 9: UPDATE – A cross community working group to develop a transition proposal for IANA stewardship on naming related functions

A drafting team (DT) was formed with participants from the ccNSO, GNSO, SSAC and ALAC to develop a charter for a Cross Community Working Group to Develop an IANA Stewardship Transition Proposal on Naming Related Functions.
Jonathan Robinson reported that the Cross-Community Working Group to develop a transition proposal met earlier in the week in Los Angeles. The timetable is aggressive, there is the prospect of a face to face meeting. A necessary condition is that the work is linked to that of the Accountability Cross-Community Working Group.

Action Item:
Call for Volunteers for the Charter Drafting Team for this new Cross-Community Working Group on ICANN accountability

People who volunteered at the meeting:
Thomas Rickert
Keith Drazek
Avri Doria

Item 10: Thanks to outgoing councillors and ALAC Liaison

Jonathan Robinson thanked the outgoing Councillors, Jennifer Wolfe, Ching Chiao, John Berard, Magaly Pazello, Ching Chiao, Klaus Stoll, Alan Greenberg, Maria Farrell, Petter Rindforth, for their years of effort, dedication, work, and courage, in helping the GNSO and the community at large work through important policy issues.
David Olive, Vice President of Policy Development support, presented gifts and certificates to the outgoing councillors.

Item 11: Any Other Business

11.1 GNSO Review update
Jennifer Wolfe provided the following update:
The GNSO Review Working Party met and determined the following timetable and next steps.
December, 19 2014, Draft Report from Westlake Team to the GNSO Review Working Party Working Party will review report, two teleconferences are scheduled.
January, 19 2015 Comments are due
February, 13 2015 updated Report with the comments
Public comment period ends March, 27 2015.
April, 30 2015 Final Report

11.2 Alan Greenberg addressed the Council

"This is my last council meeting after eight years and I what calculate to be about 120 council meetings. And, some uncountable number of Working Group meetings. I would just like to thank everyone for the way I was welcomed eight years ago, and have continued to be welcomed over the period for the uncounted things I have learned from Councilors and especially the five Chairs. And that goes for Bruce, Avri, Chuck and Jonathan. I don't think I could be going on to the job I am now of Chairing ALAC without the experience and what I have learned here, so, I appreciate that. I perhaps mostly appreciate the friends I've made in this group. And, I thank you very much for the opportunity."

11.3 GAC chair

Thomas Rickert reminded the Council that the Government Advisory Committee has changed chair person. Heather Dryden is stepping down and Thomas Schneider is the current chair.

Action Item:

Jonathan Robinson to send letter to Heather Dryden to thank her for her work and letter to Thomas Schneider to welcome him to his new position.

11.4 Cross-Community Working Group on Human Rights

Avri Doria mentioned that the group on Human Rights had met during the ICANN meetings and they were planning to send out a call for volunteers for a Cross-Community Working Group on Human Rights. This group may probably be organizing an event for the next ICANN meetings.